Professional Documents
Culture Documents
Key words: Sustainable Marine Space Administration, Marine Space Governance, Marine
Space Administrative Issues
SUMMARY
The management of good governance of marine space administration has been debated since
at least the 2000s. An extensive literature and research report, it is hardly surprising that this
marine space is under serious threat from a myriad of overlapping and conflicting interests,
where the evidence of change is compelling and manifest. Therefore it is imperative to
manage, administer and govern the coastal zone in a considerable, sustainable and structural
manner as well as to protect and nurture the environment we live in. Failure to do so may
have disastrous consequences for future generations. This includes polishing the management
system, particularly the governance of marine space administrative to support marine rights.
Marine space administration and management can help to improve our governance and
information systems on coastal and marine areas. From the perspective of management,
Malaysia has many institutions that manage and administering the marine environment.
However, the developing of institutional framework is still uncertain with ambiguities,
conflicts and overlapping on administration and management models due to the bill of act.
This paper proposed method of the implanting marine space governance.
1. INTRODUCTION
Marine administration has been defined as governing surrounding of the marine space.
Governing the surrounding marine space tasks may include sustaining the natural
environment, maintaining conservation and managing the resources. In Malaysia, governing
such activities involves various departments at government stage as well as the stakeholder.
Managing a marine space with approximately, 515,000 kilometres square area which covered
by maritime realm and 4,576 km in length by coastline is a tedious task (Teo & Fauzi, 2006).
Indeed,the maritime adjacent borders with Thailand, Brunei Darussalam, Singapore,
Indonesia, Vietnam and the Philippines as show in Figure 1 mean proper standard of
governing the marine space is needed. As part of the South East Asian Region and a founding
member of the Association of South East Asian Nations (ASEAN) the relationships with these
nations should be importance as they are one of the stakeholders in Malaysia marine spaces.
The Malaysian coastline, which is about 4,800 km in length, is rich in coastal resources and
has a plenty of natural bio diversity. The coastal areas of Malaysia which provision a major
portion (70%) of the population, is the navel of socio-economic activities such as
urbanisation, agriculture, fisheries, aquaculture, oil and gas exploitation, transportation and
communication, tourism, recreation, and others. Indeed, there are numerous of the industries
that are also located in coastal area to facilitate export and to stop the employment mere in
this urban centre. The expansion of population and the industrialisation are the two core
aspects that have contributed to the rapid growth of coastal cities, resulting in an escalation
for the demand of coastal land development (Saw et al., 2002). However, the Malaysian
marine spaces are not managed by single public institution but it was managed by several
departments from the government, the stakeholder and an authorise individual who have
interest on the marine spaces. As a result, it create complex, uncertain and conflict situations
in determining the resolution of authority area of true governance.
Based on the above facts, the demand on good governance is one of the main factors that need
to be addressed and soon developed by Malaysian marine spaces administrator. It needs to be
planned, particularly by means of spatial planning on the level of local, regional and national.
As good governance is a term, similar to sustainable development, that can mean many things
depending on one’s perspective or goals (Nichols et al., 2000).
In facts, management and governance are the foundation of life and society in order to
achieve the human ability to seize the benefits of the natural environment and maintaining a
quality resource to be sustained. Importantly, it is also about the decision-making and helm,
and the distribution knowledge and influence in an organised entity (eg, jurisdiction,
TS 4.2 – Developments & Requirements for Marine Cadastre 3/28
Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)
Figure 2: Competing Demand for Malaysia Coastal and Marine Recourses with Marine space
Governance Issues
Marine managed areas, in the widest sense, are geographic areas designed to protect or
manage resources within the marine environment. Any agency that has jurisdiction in the
marine environment can create marine managed areas. A creating agency could be a federal,
state, territorial, tribal, or local government and an independent agency, or a regional entity
with resource authority, such as a port management council (Suzanne Bass et al., 2006).
Malaysia marine space is being managed by national, state and local organizations with
various departments and agencies. It is including government, private and educational
organizations. Table 1 shown the Malaysia Marine Space institutional structure that includes
15 categories of marine space activities, 14 ministries and more than 30 department/units are
responsible for the management of the marine space activities.
Table 1: The Malaysia Marine Space Institutional Structure
No Category Ministry Department/Agencies Division/Council
1 Port Johor Port Autority
Bintulu Port Autority
Klang Port Authority
National Shipping
Kuantan Port Autority
Ministry of Transport Council
Kemaman Port Autority
Penang Port Comission
Maritime Institute of Malaysia
Prime Minister’s Malaysian National
Department Shipper’s Council
2 Shipping Marine Department of Malaysia
Maritime Institute of Malaysia
Ministry of
3 Light House Marine Department of Malaysia
International Trade
and Industry
4 Non Living Resources Ministry of Science Department of Standard Malaysia National Oil Spill
and Technology ( STANDARD MALAYSIA) Control Committee
National Oceanographic Directorate
(NOD)
For these eras, the maritime areas have always been important to Malaysia and based on the
maritime sector, economic activities have blossomed which has contributed significantly to
Malaysia’s economic growth (Saharuddin, 2001). However, many economic activities
presence often conflict with the natural environments of coastal areas. The question is why
and how this conflict in going on? According to table 1, the majority consent categories
obtained that represents the marine activities involves more than one of the different agencies
and ministries. For the example mixing of authorities between the state, federal and the
private sector has resulted in uncoordinated port planning and development (Saharudin,
2001). This creates a Conflict jurisdiction and overlapping of functions between several
federal ministries, state government and also private sector in such as fisheries, environment,
state forestry and managing coastal zone are crucial to the sustainability of marine space
administration.
Hence, the discussions on sustainable development, it becomes increasingly clear that marine
space stakeholders in different fields need to be working and assuming specific roles and
responsibilities in this new context. Therefore this study tries to see the role of government,
regulators and planning organisations and also role of national policy.
Management of coastal resources management are briefly said that water and land matters fall
within the jurisdiction of the State Government, which entails, development planning and
zoning powers amongst others (Mokthar and Ghani Aziz, 2003). And yet the living resources
are shared between the Federal and State government. The local authorities, both municipal
and district councils, together with relevant government agencies (for example district land
offices) act as a channel for both Federal and State government.
The resourcefulness on coastal zone management in Malaysia took place when the Federal
Government responded to severe coastal erosion caused by a variety of natural and man-made
There is large volume of published studies describing Malaysia has a plethora of maritime and
ocean laws. With respect to the concept of unity between land and water expressed by the
Malay word ‘tanahair’ which literally means, ‘land and water’ depict the embodiment of the
unity assumed simultaneously with the native land. In 1999, Juita Ramli (1999) described as
early as 1276 during the reign of Sultan Muhammed Shah - the first sovereign of the Malacca
Sultanate - it was found that the Malays has had already designed a set of laws of the sea
applicable in sea areas within the jurisdiction of the Malacca Sultanate. These laws were
referred to as the Malacca Code.
Malacca Code is all about the laws designed were significantly related to the trading activities
within the region, which thrived for centuries under the reign of the Malacca Sultanate
(Ramli, 1999). It is also important to highlight that during this ancient time of living where
Today, Malaysia maritime laws consist of multiple meanings and purposes established in
specific needs such as to solve any disputes or issues. However, Malaysia's marine legislation
does not focus on laws related to the functions of marine space and its characteristic compared
to the terrestrial. Ensure success in marine space governance, Malaysian marine laws have to
be first examined to have a clear understanding of the Malaysian maritime regime scenario
under the scope of marine spaces.
(ii) The Contiguous Zone, which is the belt of sea, contiguous to the territorial sea,
measured 24 nm seaward from the Territorial Sea Baseline.
(iii) The Exclusive Economic Zone, which is the area beyond and adjacent to the
territorial sea, measured 200 nm seaward from the Territorial Sea Baseline.
There have been several studies in the literature reporting about Malaysia’s government is
modelled after the British system, somewhat modified because Malaysia’s federal structure
incorporates 13 states and 3 federal territories. Nine of those states have rulers or sultans and
they elect a monarch, the supreme ruler, and every five years. The government is based on a
parliamentary system, headed by an elected Prime Minister. The Parliament consists of a
partially appointed senate and a house of representatives whose members are elected by
universal adult suffrage.
The Federal Government has powers such as over external affairs, defence, internal security,
civil and criminal law, federal citizenship and naturalization, finance, trade, commerce and
industry, taxation, customs and excise duties, shipping, navigation and fisheries,
communications and transport, federal works and power, education, medicine and health,
social security and tourism. The States’ powers include over land and its administration,
Islamic law, Malay customs, permits and licenses for mines prospecting, agriculture, forests,
local government, states works and water, and riverside fishing. It is essential to heed at this
juncture that all of the pre-Federation of Malaysia laws were derived from British domestic
laws. It has conclusively been shown from paragraph below.
Malaysia’s earliest recorded 20th. Century national law - considered remotely
relating to management of maritime matters - is the Waters Act, 1920 enacted
to provide for the control of rivers and streams. It was not until 20 years later
when the Federation of Malaya became an active rubber producer in the
region that the Rubber Shipping and Packing Control Ordinance, 1949 was
promulgated for the purposes of regulating shipping and packing of rubber for
export. In the following years we may observe that domestic laws pertinent to
shipping, navigation and port were duly promulgated and enforced. These
included Carriage of Goods by Sea Act, 1950; Merchant Shipping Ordinance,
1952; Federation Light Dues Act, 1953; Penang Port Commission Act, 1955;
TS 4.2 – Developments & Requirements for Marine Cadastre 11/28
Abdullah Hisam Omar, Nazirah Mohamad Abdullah, Shuib Rambat, Noor Anim Zanariah Yahaya, Rasheila
Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)
As highlighted by Aziz Meo Ngah & Nazery Khalid (2014) Malaysia is one of the world’s
major trading nations and its economic wellbeing depends largely on trade, 95% of which is
carried though seaborne mean. Malaysia is subjected to international laws in marine matters
and various treaties and resolutions have been sealed. The international consultation needs
Malaysia to take the relationship with international institutions seriously in deciding to join
the international maritime legislation to clarify the rights of marine territory of a country.
Malaysia should understand and defend its rights and policies in accordance to the rules of
international laws for recognition as a sovereignty of country’s maritime. Until now, Malaysia
has adopted the international laws in the implementation of all the functions and powers for
marine administration and is related to the local legislation as showed in table 2. This
information was summary from Country Report (Fauzi, 2006) and Juita Ramli (1999) writing.
To ensure that the Malaysian Marine Space Governance is well manage, country report 2006
are also highlight the instrument of Malaysia Governance as showed in table 3. Again it has a
number of laws which applies the enforcement of the Malaysian Maritime Zone and seas
which cover both the national and international levels and also agreements, circulars and any
legal recourse to ensure that the Malaysian sovereignty is safe for the longest time. Thus,
eleventh among the provisions set forth under special laws are as follows:
Fisheries (Prohibited Areas) Fisheries (Prohibited Areas) under section 61 of the Fisheries
Regulations 1994 Fisheries Act 1985, all forms of fishing and collecting are banned,
however no permit is necessary to enter the prohibited area. The
Department of Fisheries, Malaysia, controls this regulation.
Marine Parks Malaysia Order designated 38 islands as Marine Parks Malaysia. The boundaries
1994 of the park extend two nautical miles seaward from the
outermost points of the islands measured at low water mark.
Within these areas no person shall kill or capture any fish unless
he holds a license issued under Section 11.
The Turtles (Prevention of The rules state that no vessel, other than a government vessel on
Disturbance) Rules, 1962 official duty, shall enter within half a nautical mile of the low
water mark of the above three islands, except with a permit
granted by, or on behalf of, the Turtle's Board.
Antiquities
Malaysia’s large sea area and its bounty of resources carry immense management
responsibilities. These range from ensuring the integrity of its sovereignty over its maritime
territories to the sustainable development of marine resources. The country’s considerable,
strategic stake in the oceans warrants serious, meticulous attention to the governance and
administration of its oceanic and maritime affairs. Malaysia Marine Spaces are many and at
times, competing, uses and these uses include such as Sources of food from animals, plants
and fishes, means of transportation and communication, areas for development, areas for
recreation, areas for dumping of waste, areas for scientific research and areas for mineral and
hydrocarbon extraction (Teo & Fauzi, 2006). Figure 3 shows clearly that the Malaysia
Coastal and marine space have multiplicity of uses, which often leads to conflict namely
technical, legal and stakeholder management. In fact, to avoid conflict, in a multiple use
resource there must be rules, hence the importance of institutions and stakeholder frameworks
in the administration of coastal and marine space. It is also important to highlight the method
of the implanting marine space governance.
As resources are scarce in relation to the demand for it, the scramble for the usage of
resources at the coastal and marine space by man is ubiquitous and from antiquity.
Accordingly, table 3 exhibits that major issues in administering the rights, restrictions and
responsibilities in the marine space environment.
Exclusive Economic Zone The determination of the outer limits of the continental shelf based on
Article 76, UNCLOS 1982, in which coastal states are allowed to claim
outer limits of the continental shelf beyond 200 nautical miles, up to a
maximum of 350 nautical miles or 2500 metre isobaths plus 100 nautical
miles but must submit relevant scientific data to the Commission on the
Limits of the Continental Shelf.
Redelimitation of internal waters, territorial sea, EEZ and continental
shelf.
Updating the Peta Baru Malaysia 1979
To design such systems to be useful for managing information on single activities or resource
use (e.g., petroleum leases) occurring in marine spaces is uncomplicated. Studies have found
that, in order to be of maximum benefit to the governance of marine spaces these information
systems will have to be able to manage and visualize information on multiple marine resource
interests that overlap in 3-dimensional space, and time and also these systems should also
function in an environment of efficient and effective governance and legal frameworks, and
optimal institutional arrangements that meet the often diverse needs of identified and engaged
stakeholders (M. Sutherland & Nichols, 2006).
As policies are made by two levels of government, they can be either cross sectoral in natural
or sectoral (Mohtar, 2003). Maritime Institute of Malaysia (MIMA) an agency directly
involved in policy formulation and act. Their specialized in maritime matters and conflict to
more educated in maritime transportation regulations, port rules and etc. Compatible with the
MIMA visions to provide maritime-related advice and consultancy services to stakeholders
through policy research, training, education and public awareness programmes. The Centre
for Ocean Law and Policy (OLAP) is a research unit at MIMA that responsibility in ocean
law and policy issues (see Box 1).
The Centre for Ocean Law and Policy (OLAP), aspires to be Malaysia's national centre of
excellence for research in ocean law and policy issues. OLAP aims to provide timely and relevant
advice and policy options as well as to identify key areas of interest for Malaysia's multi-
disciplinary realm of Ocean and maritime law that encompass the Law of the Sea (UNCLOS 1982)
and other related international law, as well as maritime and admiralty law.
OLAP reinforces close working relationships with relevant stakeholders such as the Ministry of
Transport, the Marine Department, the National Security Council, the Ministry of Foreign Affairs
and the Attorney General's Chambers, as well as fostering links with other local and regional think
tanks and international organisations such as the International Maritime Organisation (IMO),
Division for Ocean Affairs and the Law of the Sea (DOALOS), International Labour Organisation
(ILO) and similar entities.
OLAP undertakes the role of promoting awareness in ocean law and maritime legal aspects to
appropriate stakeholders and the public, by conducting seminars, training workshops and
conferences.
Source: http://www.mima.gov.my/mima/research
Marine space data management is all about capturing information, analysing, storage and
dissemination the data. Another essential point this paper will highlight two important
agencies in data management for the marine space. Which are Department of Survey and
Mapping Malaysia (JUPEM) that focusing on capturing information and analysing and
Malaysia Centre of Geospatial Data Infrastructure (MaCGDI) focusing on data storage and
dissemination data.
To advise the government in the field of cadastral survey and mapping along with
the state and international boundaries.
To provide complete and conclusive cadastral information for issuing land, strata
and stratum titles.
To publish photographical, cadastral, thematic and utility maps for the purposes of
planning, management of natural environment resources, preservation of
environment, development, surveillance and security.
To provide geodetic infrastructure for the purposes of cadastre survey, mapping, engineering
and scientific research
Mission
Providing a quality survey and mapping and services and geospatial data management via first-
rate system, competent human resource and conducive working environment.
Motto
The catalyst for national development and citizen's prosperity.
Objective
To ensure the products and land survey and mapping services meets the quality acceptance and
customer's needs.
To ensure a well maintain, up-to-date cadastral and mapping database to meet needs of
the national geospatial infrastructure.
To make JUPEM as an excellent reference centre in the field cadastral survey and
mapping.
To survey determine, demarcate state and international boundaries.
Quality Policy
JUPEM is committed to provide Cadastral Survey, Mapping services and dissemination of high
quality geographic information in accordance with established standards and also continuous
improvement efforts to ensure customer satisfaction.
Source: https://www.jupem.gov.my
Mission
"The mission of MaCGDI is to facilitate, coordinate and manage geospatial data infrastructure
through the development of policies, standards, data, ICT Technology, R&D and skilled human
resources by providing customer-focused, cost effective and timely deli very of geospatial
data."
Function
The functions of MaCGDI are :
To act as an advisor to the Government of Malaysia in the formulation and
implementation of policies concerning geospatial data;
To coordinate activities pertaining to the development of geospatial data and
standard for geographic information/geomatics;
To be a technical reference centre for advisory and consulting services with
regard to the development and application of geospatial data;
To develop and coordinate MyGDI Clearinghouse activities;
To plan and conduct human resource development program in GIS and the
related fields;
To organise various activities in promoting the use of MyGDI throughout the
country;
To become a centre for research and development (R & D) for GIS and the
related fields; and
To represent the public sector in international forum, conferences and meetings
involving geospatial data.
Source: http://macgdi.mygeoportal.gov.my
Based on the theories, principles and an overview of the literature, we has proposes a
framework for future implementation of Malaysia Marine Space Governance such as
illustrated in Figure 5. According to identify the marine space data management on
utilisations of marine space administration, there are four elements of data management,
which are capturing information, analysing, storage and dissemination the data. This is
consistent with the purpose of sustainable management of marine space where sustainable
development involves a continuous process in deciding where certain questions are asked and
where the 'right' and the decision were made (Cicin-Sain, 1993).
The Custodian of the marine space sector. Prime Ministers Department should be the
lead agency to promote the development and oversee the growth of the sector, given
its clout that can enable it to gather other agencies and parties involved in the maritime
sector to work together (Aziz Meo Ngah & Nazery Khalid, 2014).
The Implementers. These are parties that involved directly in marine space
governance. All the activities should be under there are recommendations.
The Technical Support & Geospatial Data Centre . Department of Survey and
Mapping Malaysia (JUPEM) should lead agency in term of record activity above and
under, maintaining and updating the marine space data. Again, Department of Survey
and Mapping Malaysia (JUPEM) playing the role of data storage and dissemination.
They would sit between the administration/management activities and the data,
allowing any user access to appropriate data to support their needs.
The Policies Support. Maritime Institute of Malaysia (MIMA) an agency directly
involved in policy formulation and act. Their specialized in maritime matters and
conflict to more educated in maritime transportation regulations, port rules and etc.
The Spatial Database Infrastructure Coordinator. Malaysia Centre of Geospatial
Data Infrastructure (MaCGDI) for the purpose of facilitating and responsible for
coordinating the sharing and dissemination of geospatial information amongst
government agencies, private sector and the general publics. Through this
infrastructure, smart partnerships among agencies is continuously being developed to
produce and share geospatial information thus providing customer-focused, cost
effective and timely delivery of geospatial data.
The Users of Marine Space Services. These are parties that use services in the marine
space sectors such as shipping, port operations and shipyard services. Identifying them
is an important step in managing the demand side of the maritime sector (Aziz Meo
Ngah & Nazery Khalid, 2014).
The Facilitators include government agencies involved in the marine space sector and
support services providers in areas such as finance, ICT, legal, tax, consultancy,
classification and registry (Aziz Meo Ngah & Nazery Khalid, 2014).
The Providers of Marine Space Services. These are parties offering marine space
services required by users (Aziz Meo Ngah & Nazery Khalid, 2014).
The Sources of Human Capital, include maritime academies, universities,
polytechnic and technical colleges providing marine space-related courses and
programs (Aziz Meo Ngah & Nazery Khalid, 2014).
5. CONCLUSION
This research highlights the need of marine space governance seriously consider the issues
that involved in role and responsibilities. By the introduction of the data management into the
stakeholder management and organizational performance, the researchers propose to explain
how role, responsibilities and data management in marine space administration can lead to
successful sustainable marine space governance.
Role, responsibilities and data management, in the broad sense of the process by which
stakeholder work together to accomplish a common mission is hence essential when
stakeholder need to work together closely. Stakeholder must commonly agree on how they
will manage the marine space administration functions of marine space tenure, marine space
value, marine space-use and marine space development, and, equally important, on how they
will make this information available to the wider society in order to encourage creativity,
efficiency and productive development among citizens and businesses in a sustainable
manner. Therefore, role, responsibilities and data management is functions an approach that
must be embedded in the marine space governance. A future study investigating marine space
stakeholder role, responsibilities and data management would be very interesting.
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Rahibulsadri, Asraf Abdullah, Rahim Yahya, , Teng Chee Hua, Chan Keat Lim and Hasan Jamil
Sustainable Marine Space Managements: Malaysia Perspective (130)
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ACKNOWLEDGEMENT
The authors would like to express their gratitude to Ministry of Education ,Universiti
Teknologi Malaysia (UTM), Jabatan Pengajian Politeknik (JPP) and Fundamental Research
Grant Scheme (FRGS) – Ministry of Science, Technology and Innovation (MOSTI) for
supporting, funding and contribution respectively. This research is funded by FRGS Fund Vot
4F402.
BIOGRAPHICAL NOTES
Abdullah Hisam Omar is a senior lecturer at the Faculty of Geoinformation and Real Estate,
Universiti Teknologi Malaysia (UTM) since 2000. He obtained a Bachelor Degree, Master of
Science and a Doctor of Philosophy from Universiti Teknologi Malaysia, Malaysia. His
research work is in the areas of Land and Marine Cadastre. His current research is on land and
marine spatial Administration funded by Ministry of Science, Technology and Innovation
(MOSTI) and Ministry of Education. Abdullah Hisam is a member of the Institution of
Surveyors, Malaysia (ISM).
Nazirah Mohamad Abdullah graduated in 1999 with a Bachelor of Land survey and an MSc
of Geomatic Engineering in 2010. She is a lecturer at the Polytechnic Malaysia before taking
up his PhD within the Geomatics Department at The Universiti Teknologi Malaysia. Her
research interests now include resolving issues in the marine space governance and marine
space stakeholder’s issues. She is a member of the Institution of Surveyors, Malaysia.